Thursday, January 8, 2009

Article Tools

Developer Mark Lee, repeatedly stymied in his nine-year effort to build 25 homes off Las Positas Road, could have to pay his chief environmental adversaries - Citizens Planning Association and the Urban Creeks Council - $119,000 in legal fees. The two groups prevailed against Lee’s proposed Veronica Meadows development in court last month and as prevailing parties are entitled to reimbursement for their legal fees. Superior Court Judge Thomas Anderle ruled the project had to go before a vote of Santa Barbara City voters before it could be built. Anderle based his ruling on portions of the city charter stating a popular vote is required before city parkland can be encumbered for private development. The entrance bridge to Lee’s development across Las Positas Creek would cross over undeveloped parkland owned by City Hall. Lee’s attorney Steve Amerikaner stated his client would appeal Anderle’s decision.

Comments

Perhaps the time has come for Mr. Lee to approach the Elings Park Foundation, custodians of the parklands across Las Positas Road from the proposed development, so they can start the process of raising money to buy the property and annex it. Sort of a Wilcox 2, if you get my drift.

The City parkland that Lee et al. want to encumber is not owned by "City Hall", but by the PEOPLE of Santa Barbara (another of my clarifications that Indy writer Nick luvs so much).

Although I only pretend to be a lawyer on TV, I do know that sometimes the attorney's fees also have a multiplier amount the judge can award, so the amount could be substantially more than $119 thousand.

Regarding the City Charter amendment that would be required --the Judge recently ruled-- to allow their road for private benefits to cross public parkland, Team Lee still has a temporal window of opportunity to place their ballot measure on the November City election ballot.

Such a ballot measure certainly would spice up the City Council election this upcoming November. Bring it on.